Munich, April 25, 2024. Websites like Mr Green and 888poker are familiar to players in Germany. Behind them is 888 Holdings PLC, headquartered in Gibraltar. Online gambling is only permitted in Germany if the operator holds the required license. While 888 Holdings now possesses the necessary permits, this wasn’t always the case. The company appears to be aware that by offering online gambling without a license, it violated the prohibition in the Interstate Treaty on Gambling and that players can reclaim their losses. At least, it has set aside the equivalent of approximately €135 million for potential fines in Germany and Austria. This was reported by the portal pokerfirma.com, citing 888 Holdings’ 2023 annual report and financial statements.
The legal situation in Germany is clear: Until July 1, 2021, online gambling was generally prohibited. Only since then have operators of online gambling been able to obtain licenses for their services in Germany. Without such a license, online gambling remains illegal in Germany, meaning that players can claim their losses from prohibited online gambling from the operators.
888 Holdings, which facilitates online gambling in Germany through the websites 888poker and Mr Green, now possesses the necessary licenses. However, it was already active in the German market before these licenses were granted, and players from Germany were able to participate in online gambling despite the ban. ” This violated the prohibition in the Interstate Treaty on Gambling. Without the required license, online gambling was and remains prohibited in Germany. Players then have the opportunity to recover their losses ,” says attorney István Cocron of CLLB Attorneys at Law.
The organizers of these illegal gambling operations are fighting back against players’ claims for refunds, arguing that the German ban violates European law. However, numerous courts in Germany have already clearly rejected this argument and awarded players refunds for their losses.
As pokerfirma.com further reports, 888 Holdings in Austria and Germany sees a risk of having violated licensing requirements and therefore faces potential payments to regulatory authorities or players.
Although not due to licensing violations, 888 Holdings had to pay a multi-million pound fine in the UK in 2023 due to violations of regulatory requirements.
“ Since 888 Holdings has now set aside substantial reserves for potential fines, it seems aware that it has a weak case in a lawsuit concerning repayment claims. This, in turn, is a good sign for the players, indicating that their lawsuits have a good chance of success ,” said attorney Cocron.
